Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Constitution of Pakistan (1973), Art.185(3)--­Sentence quantum of---Reappraisal of evidence---Leave to appeal was, granted by the Supreme Court for reappraisal of evidence for the purposes of determining the quantum of sentence and in the interest of safe administration of justice. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Constitution of Pakistan (1973), Art.185--­Reappraisal of evidence---Plea for reduction in sentence---Incident had occurred in the broad daylight---Accused who was real maternal uncle of the deceased had taken the plea in his statement under S.342, Cr.P.C. that the incident was a sudden fight and deceased had made a murderous assault on him with a Kassi and he, in order to save himself and in the right of his self-defence fired which hit the deceased and that the complainant and prosecution witnesses were not present at the time of occurrence at the spot---Courts below had disbelieved the version of the accused and found the ocular account furnished by the prosecution witnesses to be natural. trustworthy and reliable---One of the witnesses was also real nephew of the accused and the Courts below rightly believed his version---Accused through his brutal act had caused the cold-blooded murder of his nephew on a very petty issue---No reason existed to disbelieve the prosecution case and no mitigating circumstance was available on record to consider the question of quantum of sentence in the case---Prosecution having successfully brought home the guilt of the accused, appeal of the accused was dismissed by the Supreme Court. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---This appeal by leave of the Court is directed against judgment dated 16-12-1998 passed by the Lahore High Court, Multan Bench, Multan, in Criminal Appeal No.219 of 1996 and Murder Reference No.65 of 1996. 2. Appellant Muhammad Alam alongwith other co-accused was tried for the murder of Ishtiaq Ahmed deceased by the learned Additional Sessions Judge, Chichawatni, who vide judgment dated 24-7-1996, convicted the appellant under section 302(b), P. P. C and sentenced him to death and to pay compensation of Rs.50,000…

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